Dem voters today asked the state Supreme Court to overturn GOP-drawn legislative maps, seeking new lines for the 2024 elections.
The petition for original action argues the maps are such an extreme partisan gerrymander that all 33 members of the state Senate should be forced to run in new lines next fall. If granted, that could mean members elected to odd-numbered districts last fall would have to run in special elections in 2024 before being on the ballot again in 2026.
Attorney Jeffrey Mandel said such a move would be necessary because “of how egregious the gerrymander is.”
“Every day that it continues is a violation of the most fundamental rights of every Wisconsinite,” Mandell said. “It must be ended as soon as possible.”
The lawsuit was expected after Justice Janet Protasiewciz joined the court, flipping the majority to 4-3 in liberals’ favor. She made the current maps — drawn by GOP lawmakers and put in place by the state Supreme Court in spring 2022 — a centerpiece of her campaign, calling them rigged in Republicans’ favor.
GOP legislative leaders denounced the suit, with Senate Majority Leader Devin LeMahieu, R-Oostburg, vowing to defend the current maps.
“The timing of this lawsuit questions the integrity of the court,” he said. “It’s clear that liberal interest groups are coming to collect from Justice Protasiewicz after her campaign broke judicial code to earn their financial support earlier this year.”
WisPolitics reported last month spending in the state Supreme Court race topped $56 million, smashing previous records. The state Dem Party gave nearly $10 million to Protasiewicz’s campaign through direct transfers and in-kind contributions.
Meanwhile, Assembly Speaker Robin Vos, R-Rochester, said he expects Protasiewicz to recuse from the suit after her comments on the campaign trail.
During the spring campaign, Protasiewicz said she didn’t plan to recuse from a redistricting suit if she won and a case landed before the justices.
“We are reviewing the petition, which appears to be what we expected: an attempt to get the Wisconsin Supreme Court to do what the United States Supreme Court has said judges cannot — decide political issues about redistricting,” Vos said.
Vos’ statement referred to a U.S. Supreme Court ruling that found federal courts have no role in deciding partisan gerrymandering claims. That 2019 ruling, handed down in suits filed over maps drawn in North Carolina and Maryland, undercut a district court ruling that found the lines Wisconsin GOP lawmakers drew were an unconstitutional gerrymander.
Those who filed the new suit sought today to differentiate the case from one the state’s high court decided just 16 months ago, when there was still a conservative majority.
The court in that case ordered the parties that submitted maps to take a “least change” approach to the lines Republicans drew in 2011. The court originally picked a map submitted by Dem Gov. Tony Evers. But it then went with the GOP lines after the U.S. Supreme Court ruled Evers had improperly considered race when drawing his lines.
Today’s filing emphasized the partisan advantage built into the map for Republicans. A previous WisPolitics review found Evers won more votes than GOP rival Tim Michels in 13 of the 33 Senate districts even as he won statewide by 3.4 percentage points.
The claims made in today’s filing include:
*55 Assembly district and 21 Senate seats are noncontiguous, which the plaintiffs say violates a requirement under the Wisconsin Constitution. As one example, the filing includes a map of the heavily Dem 47th AD in the Madison area. It shows several islands that are disconnected from other parts of the district.
See the LTSB map of the 47th AD:
https://legis.wisconsin.gov/ltsb/gisdocs/Johnson_v_WEC/ASM_Districts/ASM_47_Poster_Map.pdf
*the maps violate the separation of powers. The court’s final ruling selected the maps drawn by GOP lawmakers and vetoed by Evers. The petition argues that amounted to a judicial override of a gubernatorial veto, transgressing “separation-of-powers boundaries and impermissibly intruded upon core powers of the executive and legislative branches.”
*the maps violate the free-speech and association rights of the 19 plaintiffs by “retaliating against them based on their expression of political views and by abridging their right to associate for the advancement of their political beliefs.” The petition argues the maps targets Dem-supporting voters in several ways. That includes “by dividing voters who would otherwise associate together to build support for legislative candidates” and by interfering with their participation in the political process.
Attorney Doug Poland, part of the coalition that filed the suit, said plaintiffs are asking the court for new maps by March 19. That would give the Elections Commission adequate time for required communications to clerks before nomination papers can be circulated starting April 15.
Dems praised the suit with Evers saying Republicans have ignored the public’s desires for a nonpartisan redistricting process for years.
“For years, members of the Wisconsin State Legislature have consistently ignored the will of the people, and they’ve been able to do so comfortably and without facing any real accountability because they have gerrymandered themselves into safe, partisan districts,” Evers said. “It’s time for that to change.”
See the release here.
Read the petition here.
Attorneys for the Dem voters rebuffed questions over whether they plan to also challenge the state’s congressional lines.
The state Supreme Court last year picked the map Evers drew for the state’s eight House seats. That proposal was submitted to the court under its directive to take a “least change” approach to the lines Republicans drew in 2011, and the GOP picked up western Wisconsin’s 3rd CD last fall. That produced a 6-2 delegation in Republicans’ favor.
A successful challenge to Wisconsin’s congressional lines could have national implications in the fight next year for control of the U.S. House. Republicans now have a 222-212 majority with one Dem vacancy. Insiders have speculated a successful challenge could result in western Wisconsin’s 3rd CD and southeastern Wisconsin’s 1st becoming more competitive. They are now held by Republicans Derrick Van Orden, a Prairie du Chien freshman, and Brian Steil, of Janesville.
Attorney Dan Lenz said the plaintiffs are “laser focused on the state Assembly and state Senate maps.”
“We are starting there. This is a first step,” Lenz said.
Note: This article was updated Aug. 2 at 5 p.m. with additional details and reaction.
